DPP v Drake [2019] VCC 841

Sentence summary: Rape

A father of six was jailed for raping a middle-aged woman several times after breaking into her home while she slept.

Jordan Drake, 25, was sentenced to 12 years and 5 months jail with a non-parole period of 8 years after he plead guilty to six charges of rape, two charges of assault with intent to commit a sexual offence, sexual assault, aggravated burglary and attempted rape.

The offender was on a drugs and under the influence of alcohol during the two hour attack that saw the offender brandish a knife as the victim tried to escape.

The Court heard the offender had been drinking with friends on 13 October 2018, at the Shepparton Show, before heading to a party where he admitted he "probably did shoot up".

The offender then showed up topless on the doorstep of an acquaintance, who was a neighbour of the victim, before breaking into the woman's house early the next morning.

The victim, who was sleeping on a camp bed in her lounge room, awoke suddenly and discovered the offender completely naked before she fled to her bathroom.

The Court heard the offender attempted to unlock the bathroom door with a knife before breaking the door down and attacking the woman.

After a period of two hours, the victim escaped to neighbouring property and phoned police.

The presiding judge accepted the accused had a long history of drug and alcohol abuse and had grown up in a dysfunctional family where he often witnessed and experienced violence.

The judge noted the accused had been in and out of jail and had a colourful criminal history, including attempted armed robbery, police assault, and family violence.

The presiding judge described the victim’s impact statement as “harrowing”.

"She has gone from a confident, happy woman, but now feels dirty, ashamed and disgusted — that's what you've done to her," the judge said.

"She no longer feels comfortable or safe living alone — this has devastated her."

When deciding the length of sentence, the judge accepted that the offender was remorseful due to the guilty plea but deemed the offender’s reoffending prospect as moderate to high.

The presiding judge said the premeditation involved with the attack meant only a long-term prison sentence would fit.

"You knew of her and where she lived, you came to the home with that knowledge," the judge said.

"This was a prolonged, determined attack, and it was only stopped because the victim escaped.

"This was a gross violation of her body in her own home."

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Page last updated: 5 May 2020